A Treatise on the Law of Carriers: As Administered in the Courts of the United States, Canada and England, Volum 1Callaghan, 1906 - 2350 sider |
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Side x
... rule in England 51 Same subject - The rule in Tennessee 52 Same subject - Further of the Tennessee rule .. 53 Same subject - These exceptional cases not elsewhere followed- Illustrations 54 Same subject - Further illustrations .. 55 ...
... rule in England 51 Same subject - The rule in Tennessee 52 Same subject - Further of the Tennessee rule .. 53 Same subject - These exceptional cases not elsewhere followed- Illustrations 54 Same subject - Further illustrations .. 55 ...
Side xii
... rule .117 Same subject - Rule to be applied with caution ..118 When the delivery becomes complete ... .119 Same subject - Delivery to ships and vessels .120 Same subject - Delivery to railroads and express companies ...... 121 Carriers ...
... rule .117 Same subject - Rule to be applied with caution ..118 When the delivery becomes complete ... .119 Same subject - Delivery to ships and vessels .120 Same subject - Delivery to railroads and express companies ...... 121 Carriers ...
Side xv
... rule in federal and New York courts ....... .... 206 Proof should be made in court of forum of what the foreign law is..207 Matters relating to remedy are governed by law of forum .......... 208 A state may require care and diligence of ...
... rule in federal and New York courts ....... .... 206 Proof should be made in court of forum of what the foreign law is..207 Matters relating to remedy are governed by law of forum .......... 208 A state may require care and diligence of ...
Side xvi
... rule well settled in England .. 229 English rule prevails in many states . .230 English rule denied in majority of states . .231 Further of this rule ... 232 Liability beyond terminus may be excluded by contract .. .233 Same subject ...
... rule well settled in England .. 229 English rule prevails in many states . .230 English rule denied in majority of states . .231 Further of this rule ... 232 Liability beyond terminus may be excluded by contract .. .233 Same subject ...
Side xvii
... rule stated ..... .263 Partnerships between corporations as carriers . ..264 CHAPTER VI . OF THE CARRIER'S LIABILITY AND THE EXCEPTIONS THERE- TO BY LAW . I. IN GENERAL . The liability of the carrier by law ..... .265 Carrier may by ...
... rule stated ..... .263 Partnerships between corporations as carriers . ..264 CHAPTER VI . OF THE CARRIER'S LIABILITY AND THE EXCEPTIONS THERE- TO BY LAW . I. IN GENERAL . The liability of the carrier by law ..... .265 Carrier may by ...
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Vanlige uttrykk og setninger
aff'g affirmed agent Allen baggage bailee bailment Bank Barb bill of lading boat Brown carriage carrier for hire carry citing Hutchinson Clark Coal Colo common car common carrier Conn consignee consignor contract cotton court custody Davis defendant delivered delivery diligence draft duty Exch Express ferry freight held Hutchinson on Carr Insurance Interstate Commerce Commission Iowa Johnson Law Rep liability loss Mass Minn Misc Miss N. Y. Supp negligence Ohio St owner parties passengers Penn Pennsylvania Pennsylvania Co person plaintiff private carrier Q. B. Div Rail Railroad 24 Railroad Co railroad company Railway Co Railway L. R. receipt received REFERENCES refuse responsibility reversing rier road rule S. W. Rep SECTIONS ship shipment shipper Smith Steamboat Steamship succeeding carrier Tenn tion transportation U. S. App undertaking Wend Wilson
Populære avsnitt
Side 360 - ... to exercise due diligence, properly equip, man. provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Side 357 - The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity, or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.
Side 444 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for Opinion of the Court. negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Side 42 - To bring a person within the description of a common carrier, he must exercise it as a public employment ; he must undertake to carry goods for persons generally ; and he must hold himself out as ready to engage in the transportation of goods for hire, as a business, not as a casual occupation pro hac vice.
Side 484 - But the proposition to allow a public carrier to abandon altogether his obligations to the public, and to stipulate for exemptions that are unreasonable and improper, amounting to an abdication of the essential duties of his employment, would never have been entertained by the sages of the law.
Side 483 - His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents • often, indeed, without knowing what the one or the other contains. In most cases, he has no alternative but to do this, or abandon his business.
Side 42 - common carrier" has, therefore, been defined to be one who undertakes for hire or reward to transport the goods of such as choose to employ him from place to place.
Side 306 - But we think the real answer to the objection is, that no wrong-doer can be allowed to apportion or qualify his own wrong; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
Side 358 - ... shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.
Side 51 - Moore, at page 22, vol. 1, defines a common carrier as one who "holds himself out as such to the world ; that he undertakes generally and for all persons indifferently to carry goods and deliver them for hire; and that his public profession of his employment be such that, if he refuse, without some just ground, to carry goods for anyone, in the course of his employment and for a reasonable and customary price, he will be liable to an action.